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BAINTER v. STATE

No. 42160.

612 S.W.2d 789 (1981)

David Eugene BAINTER, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Two.

January 20, 1981.

Attorney(s) appearing for the Case

Louis Jerry Weber, Richard W. French, Thurman, Nixon, Smith, Howald, Weber & Boweles, Hillsboro, for appellant.

John Ashcroft, Atty. Gen., Edward F. Downey, Asst. Atty. Gen., Jefferson City, for respondent.

GUNN, Judge.

By writ of error coram nobis, movant seeks to set aside a 1959 conviction serving as a basis for sentencing under the Second Offender Act, § 556.280, RSMo 1969 (now repealed), for subsequent crimes. His motion was denied by the trial court and we affirm.

In 1959 movant pleaded guilty to operating a motor vehicle without the owner's consent. In 1977 he was convicted by a jury and sentenced under the Second Offender Act to two consecutive life...

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